Utah State Digest, Vol. 2009, No. 14 (July 15, 2009) [NOTE: The Utah State Digest (Digest) is created from the eRules filing database used to create the Utah State Bulletin (Bulletin). While a discrepancy between the Digest and the Bulletin is highly unlikely, any discrepancies will be resolved in favor of the Bulletin. Please refer to the State Disclaimer ( http://www.utah.gov/disclaimer.html ) for more information.] ------------------------------------------------------------ UTAH STATE DIGEST Summary of the Contents of the Utah State Bulletin For information filed June 16, 2009, 12:00 AM through July 1, 2009, 11:59 PM Volume 2009, No. 14 July 15, 2009 Prepared by Division of Administrative Rules Department of Administrative Services Kimberly K. Hood, Executive Director Kenneth A. Hansen, Director Nancy L. Lancaster, Editor The Utah State Digest (Digest) is an official electronic publication of the State of Utah, Department of Administrative Services, Division of Administrative Rules. It is a summary of the information found in the Utah State Bulletin (Bulletin) of the same volume and issue number. Inquiries concerning the substance or applicability of an administrative rule that appear in the Digest should be addressed to the contact person for the rule. Questions about the Digest or the rulemaking process may be addressed to: Division of Administrative Rules, 4120 State Office Building, Salt Lake City, Utah 84114-1201, telephone 801-538-3218, FAX 801-538-1773. Additional rulemaking information, and electronic versions of all administrative rule publications are available at: http://www.rules.utah.gov/ . The Digest is available free of charge online at http://www.rules.utah.gov/publicat/digest.htm and by E-mail Listserv. ************************************************ Division of Administrative Rules, Salt Lake City 84114 Unless otherwise noted, all information presented in this publication is in the public domain and may be reproduced, reprinted, and redistributed as desired. Materials incorporated by reference retain the copyright asserted by their respective authors. Citation to the source is requested. Library of Congress Cataloging in Publication Data Utah state digest. Semimonthly. 1. Delegated legislation--Utah--Digests. I. Utah. Office of Administrative Rules. KFU38.U8 348.792'025--DDC 86-658042 *********************************************** 1. SPECIAL NOTICES Notice for August 2009 Primary Care Network (PCN) Waiver Re-authorization FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20090715/sn148218.htm Notice for August 2009 Medicaid Rate Changes FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20090715/sn148220.htm 2. NOTICES OF PROPOSED RULES A state agency may file a Proposed Rule when it determines the need for a new rule, a substantive change to an existing rule, or a repeal of an existing rule. The law requires that an agency accept public comment on Proposed Rules for a period of at least 30 days after publication though the agency may accept comment beyond 30 days. Comment is due by the date indicated with each rule listed below. The agency may also hold public hearings. Additionally, citizens or organizations may request the agency hold a hearing on a specific Proposed Rule. Section 63G-3-302 requires that a hearing request be received by the agency proposing the rule "in writing not more than 15 days after the publication date of the Proposed Rule." Any time from the end of the public comment period through 120 days from the publication date, the agency may notify the Division of Administrative Rules that it wants to make the Proposed Rule effective. The agency sets the effective date. The date may be no fewer than seven calendar days after the close of the public comment period nor more than 120 days after the publication date of this issue of the Utah State Bulletin. Alternatively, the agency may file a Change in Proposed Rule in response to comments received. If the Division of Administrative Rules does not receive a Notice of Effective Date or a Change in Proposed Rule, the Proposed Rule lapses and the agency must start the process over. The public, interest groups, and governmental agencies are invited to review and comment on the Proposed Rules listed below. Comment may be directed to the contact person identified with each rule. Proposed Rules are governed by Section 63G-3-301; Rule R15-2; and Sections R15-4-3, R15-4-4, R15-4-5, R15-4-9, and R15-4-10 ADMINISTRATIVE SERVICES FACILITIES CONSTRUCTION AND MANAGEMENT No. 32772 (New Rule): R23-23. Health Reform -- Health Insurance Coverage in State Contracts -- Implementation. SUMMARY: This is a new rule and required in said H.B. 331. The rule introduces the procedure and requirements for implementation of the Health Reform -- Health Insurance Coverage in State Contracts as required by the Utah Legislature in H.B. 331 codified in Section 63A-5-205. H.B. 331, 2009 General Session, Health Reform -- Health Insurance Coverage in State Contracts, requires all contractors, subcontractors and subconsultants at any tier, entering into any state contract, to have and maintain for the duration of the contract an offer of qualified health insurance coverage for their employees and their employees' dependents that live and/or work in the State of Utah. (DAR NOTE: A corresponding 120-day (emergency) rule that is effective as of 07/01/2009 is under DAR No. 32771 in this issue, July 15, 2009, of the Bulletin.) ANTICIPATED COST OR SAVINGS TO: -THE STATE BUDGET: Enactment of this rule may indirectly increase the cost of state construction projects depending on the contractor. The extent of such increases is currently unknown. -LOCAL GOVERNMENTS: No cost or savings are anticipated for local governments with this new rule. No new requirements were created with this new rule that impact local governments. (Note: while not affected by this rule, H.B. 331 does affect public transit districts.) -SMALL BUSINESSES AND PERSONS OTHER THAN BUSINESSES: Enactment of this rule may result in certain cost increases to private contractors, but may benefit individuals working for such contractors. Enactment of this rule likely will not result in direct, measurable costs and/or benefits for local governments. COMPLIANCE COSTS FOR AFFECTED PERSONS: To the extent there are cost increases to contractors (including designers), it is highly likely that such cost increases will be passed on as part of the costs of the contract that the State pays. The statute already provides the requirements that may cause cost increases. The rule does not add to these cost increases. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: As stated, the statute itself created the fiscal impacts. The rule does not add additional burdens than already provided by the statute. The rule will not impact the costs. The statute will increase the cost of the contracts as the price of the insurance passed along in the bids and subsequent contracts. Kimberly K. Hood, Executive Director CONTACT: -La Priel Dye, Paralegal, by telephone at 801-538-3240, by FAX at 801- 538-3313, or by E-mail at ldye@utah.gov -Priscilla Anderson, Secretary, by telephone at 801-538-9595, by FAX at 801-538-3378, or by E-mail at phanderson@utah.gov -Alan Bachman, Assistant Attorney General, by telephone at 801-538-3105, by FAX at 801-538-3313, or by E-mail at abachman@utah.gov COMMENT PERIOD ENDS: 08/14/2009 at 5:00 PM. Direct comments to the contact person. THIS FILING MAY BECOME EFFECTIVE ON: 08/21/2009 FOR MORE INFORMATION, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20090715/32772.htm CAPITOL PRESERVATION BOARD (STATE) ADMINISTRATION No. 32778 (New Rule): R131-13. Health Reform -- Health Insurance Coverage in State Contracts -- Implementation. SUMMARY: This is a new rule and required in said H.B. 331. The rule introduces the procedure and requirements for implementation of the Health Reform -- Health Insurance Coverage in State Contracts as required by the Utah Legislature in H.B. 331 codified in Section 63C-9-403. H.B. 331, 2009 General Session, Health Reform -- Health Insurance Coverage in State Contracts, requires all contractors, subcontractors and subconsultants at any tier, entering into any state contract, to have and maintain for the duration of the contract an offer of qualified health insurance coverage for their employees and their employee's dependents that live and/or work in the State of Utah. (DAR NOTE: A corresponding 120-day (emergency) rule that is effective as of 07/01/2009 is under DAR No. 32769 in this issue, July 15, 2009, of the Bulletin.) ANTICIPATED COST OR SAVINGS TO: -THE STATE BUDGET: Enactment of this rule may indirectly increase the cost of state construction projects depending upon the contractor. The extent of such increases is currently unknown. -LOCAL GOVERNMENTS: No cost or savings are anticipated for local governments with this new rule. No new requirements were created with this new rule that impact local governments. (Note: while not affected by this rule, H.B. 331 does affect public transit districts.) -SMALL BUSINESSES AND PERSONS OTHER THAN BUSINESSES: Enactment of this rule may result in certain cost increases to private contractors, but may benefit individuals working for such contractors. Enactment of this rule likely will not result in direct, measurable costs and/or benefits for small businesses and persons other than businesses. COMPLIANCE COSTS FOR AFFECTED PERSONS: To the extent there are cost increases to contractors (including designers), it is highly likely that such cost increases will be passed on as part of the costs of the contract that the State pays. The statute already provides the requirements that may cause cost increases. The rule does not add to these cost increases. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: As stated, the statute itself created the fiscal impacts. The rule does not add additional burdens than already provided by the statute. The rule will not impact the costs. The statute will increase the cost of the contracts as the price of the insurance passed along in the bids and subsequent contracts. David H. Hart, AIA, Executive Director CONTACT: -Sarah Whitney, Executive Assistant, by telephone at 801-538-3074, by FAX at 801-538-3221, or by E-mail at swhitney@utah.gov COMMENT PERIOD ENDS: 08/14/2009 at 5:00 PM. Direct comments to the contact person. THIS FILING MAY BECOME EFFECTIVE ON: 08/21/2009 FOR MORE INFORMATION, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20090715/32778.htm COMMERCE OCCUPATIONAL AND PROFESSIONAL LICENSING No. 32757 (Amendment): R156-56. Utah Uniform Building Standard Act Rules. SUMMARY: Various statutory citation references have been updated throughout the rule. In Section R156-56-102, deleted definition for "different permit number" and in Subsection R156-56-102(5), deleted the reference to a "12 digit" standardized building permit number. In Section R156-56-401, the proposed amendment is needed due to changes in the statute made by H.B. 327 which eliminated the need for the three letter designation from the building permit number and eliminated the added details going into the building permit number. The building permit number is now simply determined by the local compliance agency. Section R156-56-702 is being deleted in its entirety as a result of S.B. 211. The provision for override of the Division was taken out of the governing statute (Title 58, Chapter 56). ANTICIPATED COST OR SAVINGS TO: -THE STATE BUDGET: The Division will incur minimal costs of approximately $100 to print the rule and distribute it once the proposed amendments are made effective. Any costs incurred will be absorbed in the Division's current budget. Any additional costs or savings to be incurred by the Division were covered in the fiscal notes which were completed for S.B. 211 and H.B. 327. -LOCAL GOVERNMENTS: Any cost or saving impact to local governments comes as a result of the changes to the statute under S.B. 211 and H.B. 327. The fiscal notes prepared by the Division in response to S.B. 211 and H.B. 327 should be reviewed for information regarding the legislative bill's cost and saving impact and in turn any anticipated costs or savings with respect to this clarifying rule amendment filing. -SMALL BUSINESSES AND PERSONS OTHER THAN BUSINESSES: Any cost or saving impact to small businesses and other persons comes as a result of the changes to the statute under S.B. 211 and H.B. 327. The fiscal notes prepared by the Division in response to S.B. 211 and H.B. 327 should be reviewed for information regarding the legislative bill's cost and saving impact and in turn any anticipated costs or savings with respect to this clarifying rule amendment filing. COMPLIANCE COSTS FOR AFFECTED PERSONS: Any cost or saving impact to small businesses and other persons comes as a result of the changes to the statute under S.B. 211 and H.B. 327. The fiscal notes prepared by the Division in response to S.B. 211 and H.B. 327 should be reviewed for information regarding the legislative bill's cost and saving impact and in turn any anticipated costs or savings with respect to this clarifying rule amendment filing. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This filing conforms the existing rule to recent statutory amendments. No fiscal impact to businesses is anticipated. Francine A. Giani, Executive Director CONTACT: -Dan Jones, Bureau Manager, by telephone at 801-530-6720, by FAX at 801- 530-6511, or by E-mail at dansjones@utah.gov COMMENT PERIOD ENDS: 08/14/2009 at 5:00 PM. Direct comments to the contact person. PUBLIC HEARING: - 07/27/2009 at 9:00 AM, State Office Building, 450 N State St, Room 4112, Salt Lake City, UT THIS FILING MAY BECOME EFFECTIVE ON: 08/21/2009 FOR MORE INFORMATION, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20090715/32757.htm No. 32754 (Amendment): R156-60d. Substance Abuse Counselor Act Rule. SUMMARY: In Section R156-60d-302c, currently applicants for licensure as a certified substance abuse counselor or licensed substance abuse counselor are required to pass the International Certification and Reciprocity Consortium/Alcohol and Other Drug Abuse, Inc. (ICRC/AODA) exam. There have been problems with this examination and the National Association of Alcohol and Drug Abuse Counselors (NAADAC) examination has been identified as a better option. The proposed amendments allow for applicants to take the ICRC/AODA exam up until 01/01/2010 at which time only the NAADAC exam will be accepted. The NAADAC exam will be acceptable beginning the effective date of the proposed amendments to this rule. In Section R156-60d-303, updated a rule reference. In Subsection R156-60d-304(5)(c), the amendment clarifies the continuing education requirement to include internet-based courses. ANTICIPATED COST OR SAVINGS TO: -THE STATE BUDGET: The Division will incur minimal costs of approximately $50 to print the rule and distribute it once the proposed amendments are made effective. Any costs incurred will be absorbed in the Division's current budget. By allowing the use of the NAADAC examination, applicants will have an additional option for a licensure examination. This may have an indirect savings impact for state agencies that employ substance abuse counselors, but the savings impact would be minimal. -LOCAL GOVERNMENTS: By allowing the use of the NAADAC examination, applicants for licensure will have more options of dates to take the examination. The proposed amendment may allow applicants to become licensed quicker, which may put them in a position to become employed earlier than they would under the current requirements. This may have a savings impact for local government agencies that employ substance abuse counselors, but the saving impact would be minimal. -SMALL BUSINESSES AND PERSONS OTHER THAN BUSINESSES: The proposed amendments apply to substance abuse counselors and applicants for licensure in those classifications. By allowing the use of the NAADAC examination, applicants for licensure will have more options of dates to take the examination. The proposed amendment may allow applicants to become licensed quicker, which may put them in a position to become employed earlier than they would under the current requirements. This may have a savings impact for small businesses that employ substance abuse counselors, but the saving impact would be minimal. The proposed amendments of changing the exam provider and clarifying the continuing education requirement are not expected to have any aggregate impact because the amendments are minor and only impact applicants, licensees and their employers. COMPLIANCE COSTS FOR AFFECTED PERSONS: The proposed amendments apply to substance abuse counselors and applicants for licensure in those classifications. By allowing the use of the NAADAC examination, applicants for licensure will have more options of dates to take the examination. The proposed amendment may allow applicants to become licensed quicker, which may put them in a position to become employed earlier than they would under the current requirements. Applicants becoming employed quicker will allow many to be paid higher wages on an earlier date than they would otherwise. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule filing alters the examination required for licensure and clarifies the continuing education provision to indicate that internet-based courses are acceptable. No fiscal impact to businesses is anticipated beyond those discussed in the rule. Francine A. Giani, Executive Director CONTACT: -Rich Oborn, Bureau Manager, by telephone at 801-530-6767, by FAX at 801- 530-6511, or by E-mail at roborn@utah.gov COMMENT PERIOD ENDS: 08/14/2009 at 5:00 PM. Direct comments to the contact person. PUBLIC HEARING: - 07/29/2009 at 11:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 475 (fourth floor), Salt Lake City, UT THIS FILING MAY BECOME EFFECTIVE ON: 08/21/2009 FOR MORE INFORMATION, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20090715/32754.htm No. 32753 (Amendment): R156-73. Chiropractic Physician Practice Act Rules. SUMMARY: Throughout the rule, the term "rules" has been replaced with "rule" where applicable. In Section R156-73-102, added a definition for "joint mobilization". Section R156-73-302 is being added to provide guidelines for the licensing qualification of "good moral character". In Section R156-73-303b, amendments are proposed to clarify standards for sponsorship of required continuing education. In Section R156-73-303, the proposed amendment provides that a temporary license may only be issued for a period of not more than six months. In Section R156-73-501, added unprofessional conduct definitions to clarify the responsibilities of a chiropractic physician with regard to safety and welfare of the public. In Section R156-73-502, added the administration of injections per Subsection R156-73-501(14) cannot be delegated to a chiropractic assistant by a chiropractic physician. In Section R156-73-601, the name of section is updated to correctly reflect the requirements of the section. Section R156-73-605 is being added to provide a new licensee may be requested to meet with the Chiropractic Physicians Licensing Board. ANTICIPATED COST OR SAVINGS TO: -THE STATE BUDGET: The Division will incur minimal costs of approximately $75 to print the rule and distribute it once the proposed amendments are made effective. Division investigators should not require additional training as a result of the proposed amendments. A possible increase in compliance costs to the Division may occur if an increased number of complaints resulting from the proposed amendments are reported to the Division. Any costs incurred will be absorbed in the Division's current budget. -LOCAL GOVERNMENTS: Proposed amendments only apply to licensed chiropractic physicians and applicants for licensure in that classification. As a result, the proposed amendments do not apply to local governments. -SMALL BUSINESSES AND PERSONS OTHER THAN BUSINESSES: The proposed amendments only apply to licensed chiropractic physicians and applicants for licensure in that classification. A licensed chiropractic physician's office may qualify as a small business. Such an office, or small clinic employing a chiropractic physician, should not be impacted by the proposed amendments. The proposed amendments may result in a possible savings for the public and insurance carriers due to the clarification of terms and responsibilities of a chiropractic physician. There may be unknown costs if a licensed chiropractic physician engages in any of the unprofessional conduct definitions which are being added and if an administrative proceeding is initiated as a result of any violation committed by the licensee. However, if a licensee does not engage in the unprofessional conduct behavior, no costs will be incurred. COMPLIANCE COSTS FOR AFFECTED PERSONS: The proposed amendments only apply to licensed chiropractic physicians and applicants for licensure in that classification. The proposed amendments may result in a possible savings for the public and insurance carriers due to the clarification of terms and responsibilities of a chiropractic physician. There may be unknown costs if a licensed chiropractic physician engages in any of the unprofessional conduct definitions which are being added and if an administrative proceeding is initiated as a result of any violation committed by the licensee. However, if a licensee does not engage in the unprofessional conduct behavior, no costs will be incurred. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This filing places into rule the standards used to determine good moral character, sets additional standards for professional conduct, and makes other clarifying amendments. It is expected that the public and licensees will benefit from such clarification and adoption of standards. No fiscal impact to businesses is anticipated. Francine A. Giani, Executive Director CONTACT: -Sally Stewart, Bureau Manager, by telephone at 801-530-6179, by FAX at 801-530-6511, or by E-mail at SStewart@utah.gov COMMENT PERIOD ENDS: 08/14/2009 at 5:00 PM. Direct comments to the contact person. PUBLIC HEARING: - 07/16/2009 at 9:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 401 (fourth floor), Salt Lake City, UT THIS FILING MAY BECOME EFFECTIVE ON: 08/21/2009 FOR MORE INFORMATION, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20090715/32753.htm No. 32770 (New Rule): R156-80. Medical Language Interpreter Act Rule. SUMMARY: This new rule provides for the following: title, authority/purpose, organization/relationship to Rule R156-1 and qualifications for certification/examination requirements. ANTICIPATED COST OR SAVINGS TO: -THE STATE BUDGET: The Division will incur minimal costs of approximately $50 to print the rule and distribute it once the new rule is made effective. Any costs incurred will be absorbed in the Division's current budget. -LOCAL GOVERNMENTS: The proposed new rule does not affect local government because it clarifies the voluntary certification requirements for medical language interpreters created in Title 58, Chapter 80. -SMALL BUSINESSES AND PERSONS OTHER THAN BUSINESSES: The proposed new rule will only apply to individuals who voluntarily want to apply for certification as a medical language interpreter. Any cost or saving impact to either small businesses or persons other than businesses brought about by this rule change comes as a result of the creation of a new statute under H.B. 144. The fiscal note prepared by the Division in response to H.B. 144 should be reviewed for information regarding the legislative bill's cost and saving impact and in turn any anticipated costs or savings with respect to this clarifying rule filing. The Division does anticipate that persons who choose to certify as a medical language interpreter will incur examination costs of approximately $700 plus licensing application fees of $50. The Division is not able to determine how many individuals will voluntarily apply for certification as a medical language interpreter. COMPLIANCE COSTS FOR AFFECTED PERSONS: The proposed new rule will only apply to individuals who voluntarily want to apply for certification as a medical language interpreter. Any cost or saving impact to either small businesses or persons other than businesses brought about by this rule change comes as a result of the creation of a new statute under H.B. 144. The fiscal note prepared by the Division in response to H.B. 144 should be reviewed for information regarding the legislative bill's cost and saving impact and in turn any anticipated costs or savings with respect to this clarifying rule filing. The Division does anticipate that persons who choose to certify as a medical language interpreter will incur examination costs of approximately $700 plus licensing application fees of $50. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule filing administers the new Medical Language Interpreter Act. No fiscal impact to businesses is anticipated beyond those addressed by the Legislature in passing the Act. Francine A. Giani, Executive Director CONTACT: -Noel Taxin, Bureau Manager, by telephone at 801-530-6621, by FAX at 801- 530-6511, or by E-mail at ntaxin@utah.gov COMMENT PERIOD ENDS: 08/14/2009 at 5:00 PM. Direct comments to the contact person. PUBLIC HEARING: - 08/03/2009 at 9:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 475 (fourth floor), Salt Lake City, UT THIS FILING MAY BECOME EFFECTIVE ON: 08/21/2009 FOR MORE INFORMATION, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20090715/32770.htm REAL ESTATE No. 32767 (Amendment): R162-3-6. Renewal and Reinstatement. SUMMARY: Core and elective hours requirements are spelled out to be consistent with the upcoming (01/01/2010) requirement for 18 continuing education hours for real estate professionals. ANTICIPATED COST OR SAVINGS TO: -THE STATE BUDGET: None--The costs for reprinting the amended rule are minimal and will not impact the state budget. -LOCAL GOVERNMENTS: None--Local governments do not provide continuing education courses. -SMALL BUSINESSES AND PERSONS OTHER THAN BUSINESSES: None--The legislature already increased the hours requirement by statute. This change simply makes the rules consistent with the statute. COMPLIANCE COSTS FOR AFFECTED PERSONS: None--The legislature already increased the hours requirement by statute. This change simply makes the rules consistent with the statute. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule filing conforms the continuing education provisions to recent statutory changes. The fiscal impact to businesses as a result of the additional hours of education was likely considered in passage of Laws of Utah 2009 (H.B. 86). No further fiscal impact is anticipated. Francine A. Giani, Executive Director CONTACT: -Thad LeVar, Deputy Director, by telephone at 801-530-6929, by FAX at 801-530-6446, or by E-mail at tlevar@utah.gov COMMENT PERIOD ENDS: 08/14/2009 at 5:00 PM. Direct comments to the contact person. THIS FILING MAY BECOME EFFECTIVE ON: 08/21/2009 FOR MORE INFORMATION, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20090715/32767.htm No. 32765 (Amendment): R162-4-4. Written Instructions for Commission Distribution by Title Insurance Agent. SUMMARY: If a principal real estate broker assigns any of the broker's compensation to the associate broker, the principal broker is required to provide specified written instructions to the title insurance agent. ANTICIPATED COST OR SAVINGS TO: -THE STATE BUDGET: The costs of reprinting the rule are minimal and should have no impact on the state budget. -LOCAL GOVERNMENTS: None--These requirements affect the relationship between the principal broker, associate broker, and title insurance agent. They should not affect the volume or regularity of real estate transactions. -SMALL BUSINESSES AND PERSONS OTHER THAN BUSINESSES: None--These requirements require additional transparency on the terms of the relationship between the principal broker, associate broker, and title insurance agent. They do not mandate specific terms. COMPLIANCE COSTS FOR AFFECTED PERSONS: None--These requirements require additional transparency on the terms of the relationship between the principal broker, associate broker, and title insurance agent. They do not mandate specific terms. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule filing implements recent statutory amendments relating to written instructions to title insurance agents when a principal broker assigns commissions to associate brokers or sales agents. No fiscal impact to businesses is anticipated beyond those addressed by the Legislature in passing the statutory amendments. Francine A. Giani, Executive Director CONTACT: -Thad LeVar, Deputy Director, by telephone at 801-530-6929, by FAX at 801-530-6446, or by E-mail at tlevar@utah.gov COMMENT PERIOD ENDS: 08/14/2009 at 5:00 PM. Direct comments to the contact person. THIS FILING MAY BECOME EFFECTIVE ON: 08/21/2009 FOR MORE INFORMATION, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20090715/32765.htm No. 32766 (Amendment): R162-9-2. Determining Fitness for Course Certification. SUMMARY: This filing updates the specific lists of courses that may be approved by the Division of Real Estate as either core or elective courses. ANTICIPATED COST OR SAVINGS TO: -THE STATE BUDGET: None--The costs for reprinting the new rule are minimal and will not impact the state budget. The process for approving courses will not be changed. -LOCAL GOVERNMENTS: None--Local governments do not provide continuing education courses. -SMALL BUSINESSES AND PERSONS OTHER THAN BUSINESSES: None--This rule filing does not change the number of hours that must be taken, and does not affect the cost to take courses. COMPLIANCE COSTS FOR AFFECTED PERSONS: None--This rule filing does not change the number of hours that must be taken, and does not affect the cost to take courses. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule filing updates the list of courses that may be approved for continuing education. As indicated in the rule summary, no fiscal impact to businesses is anticipated. Francine A. Giani, Executive Director CONTACT: -Thad LeVar, Deputy Director, by telephone at 801-530-6929, by FAX at 801-530-6446, or by E-mail at tlevar@utah.gov COMMENT PERIOD ENDS: 08/14/2009 at 5:00 PM. Direct comments to the contact person. THIS FILING MAY BECOME EFFECTIVE ON: 08/21/2009 FOR MORE INFORMATION, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20090715/32766.htm HEALTH EPIDEMIOLOGY AND LABORATORY SERVICES, ENVIRONMENTAL SERVICES No. 32775 (Repeal and Reenact): R392-600. Illegal Drug Activity Decontamination Standards. SUMMARY: The significant changes are: 1) raising the methamphetamine decontamination standard from 0.1mg/100cm2 to 1.0mg/100cm2; 2) clear definition of a certified decontamination specialist (CDS) and the process that require such a specialist. A CDS must be retained in order to perform both preliminary assessment and confirmation sampling; 3) allowing for decontamination work to be performed by any person and not solely by a CDS; 4) allowing chemical denaturing/decontamination (provided Federal Toxic Substance Control Act requirements are met and Material Safety Data Sheets are provided for all chemicals being used) in addition to (or replacing) the current requirement for detergent washing; 5) confirmation sampling allowed for either four discrete or a composite of four similar surfaces; 6) clarification: role of the local health department; 7) items a certified decontamination specialist or owner of record needs to include in a work plan; 8) decontamination procedures (which materials can be decontaminated, porous vs. non-porous, Heating Ventilation, Air Conditioning (HVAC) decontamination) 9) confirmation sampling procedures (which solvents, media, methods, and labs are allowed); 10) information a certified decontamination specialist or owner of record needs to include in the final report; and 11) allowing encapsulation of a contaminated structural component only after decontamination of the structure has occurred. ANTICIPATED COST OR SAVINGS TO: -THE STATE BUDGET: There is no anticipated cost or savings to the Utah Department of Health; rulemaking costs are absorbed by existing programs. There will be an initial cost increase to the Department of Environmental Quality to ensure corresponding rules and regulations are in accordance with changes made in Rule R392-600. -LOCAL GOVERNMENTS: Local health departments are anticipated to experience an overall savings as fewer properties will be required to be on the contaminated properties list and under local authority. The change will affect anywhere from 25-38% of properties that are now required to be decontaminated. Theoretically, workload and savings to the health departments would parallel these percentages. However, the change will likely raise questions among the general public, which will be answered by the local health departments. These anticipated increases in workload will likely be absorbed by existing programs. The cost in helping to assist with the rulemaking process has also been absorbed by existing programs. -SMALL BUSINESSES AND PERSONS OTHER THAN BUSINESSES: Decontamination specialists: The proposed change will likely result in a decrease in business. Although there are 26 decontamination specialists that are certified and able to decontaminate, only 3 or 4 are actively decontaminating properties. The loss of business would be spread over these active decontamination specialists. For a 2,000 sq ft home, the average cost of decontamination is approximate $5,000. (NOTE: This is a rough estimate. Actual prices depend on many variables including amount of debris in home, level of contamination, number of rooms, square footage, materials in home, location of home, and others. Actual bids for this size of home have ranged from $3,000 - $13,500). A sample of three local health departments (Bear River Health Department, Salt Lake Valley Health Department, and Utah County Health Department) indicates that approximately 410 tests have exceeded the standard over the past 3 years. Of those tests, 155 were at 1.0 or lower, which is about 38% of the tests. If this percentage is applied statewide, 38% of properties that are required to be decontaminated at the current standard, would not be required at the higher standard. Over three years, for the counties sampled, this would have resulted in an estimated aggregate business loss of $775,000. Realtors: Realtors are expected to have an increase in business because there will be fewer homes that will be placed on the contaminated properties list, thus increasing the number of properties available to sell and rent. Landlords: Landlords are anticipated to experience a cost savings because 38% fewer properties will need to be decontaminated. This savings will be spread out over the more than 50,000 rental units that are currently being managed by landlords throughout Utah. COMPLIANCE COSTS FOR AFFECTED PERSONS: Homeowners: For a 2,000 sq ft home, the average cost of decontamination is approximate $5,000. (NOTE: This is a rough estimate. Actual prices depend on many variables including amount of debris in home, level of contamination, number of rooms, square footage, materials in home, location of home, and others. Actual bids for this size of home have ranged from $3,000 - $13,500). A sample of three local health departments (Bear River Health Department, Salt Lake Valley Health Department, and Utah County Health Department) indicates that approximately 410 tests have exceeded the standard over the past 3 years. Of those tests, 155 were at 1.0 or lower, which is about 38% of the tests. If this percentage is applied statewide, 38% of homeowners who are required to clean their homes at the current standard, would not be required at the higher standard. Over 3 years, for the counties sampled, this would have resulted in an estimated aggregate savings of $775,000. An individual homeowner can be expected to save the costs of the decontamination process and confirmation sampling. Costs associated with any preliminary sampling will still remain. Because of the change in requirements for sampling, cost could either increase or decrease significantly. Discrete or composite sampling will be allowed. If the homeowner chooses to use discrete sampling, an additional $300 per room cost would be added to the sampling costs (4 discrete samples are required and cost an average of $100/sample). While using the 4-part composite sample might decrease initial sampling costs (only 1 test per room is required, averaging $100/sample), the test results combine all the sample locations, and cannot be divided by the number of areas sampled. Therefore, the combined test is more stringent than the discrete samples and may require additional decontamination activities. Depending on the contract used for decontamination, additional decontamination costs could be increased. However, with the simultaneous raising of the decontamination level, potentially few homes will need to have additional decontamination activities performed. The homeowner is encouraged to make an informed decision in their best interest regarding which sampling methodology should be performed. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Other than a possible loss of business for decontamination contractors if more business owners decide to do the work without a contractor, the impact will be positive due to fewer properties needing cleanup. Further evaluation on cost will be made after the comment period. A. Richard Melton, Acting Executive Director CONTACT: -Ronald Marsden, Program Manager, by telephone at 801-538-6191, by FAX at 801-538-6564, or by E-mail at rmarsden@utah.gov COMMENT PERIOD ENDS: 08/14/2009 at 5:00 PM. Direct comments to the contact person. THIS FILING MAY BECOME EFFECTIVE ON: 08/21/2009 FOR MORE INFORMATION, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20090715/32775.htm HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 32745 (Amendment): R414-302-1. Citizenship and Alienage. SUMMARY: This change adds provisions to accept tribal records from federally-recognized tribes that verify citizenship of tribal members as required by The Children's Health Insurance Program Reauthorization Act. It also adds a provision to provide a reasonable time for individuals to present citizenship documentation. In addition, this change adds a provision that states that an infant born to a mother who is eligible for Medicaid at the time of birth has provided satisfactory documentation of citizenship. ANTICIPATED COST OR SAVINGS TO: -THE STATE BUDGET: There is no impact to the state budget because this change simply modifies the requirements for documenting citizenship. -LOCAL GOVERNMENTS: There is no budget impact to local governments because they do not determine eligibility or provide Medicaid services. -SMALL BUSINESSES AND PERSONS OTHER THAN BUSINESSES: This change does not impact small businesses because they do not affect which individuals may qualify for Medicaid. This change does not result in any costs or savings to other persons including those who may qualify for Medicaid, as this change does not take away or add any coverage under Medicaid. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs to a Medicaid client because this change does not cause a loss in coverage and the Medicaid client does not have to pay more for services. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule change implements changes in federal law and will not have a fiscal impact on business. David N. Sundwall, MD, Executive Director CONTACT: -Kimi McNutt, Paralegal III, by telephone at 801-538-6381, by FAX at 801- 538-6099, or by E-mail at KMCNUTT@utah.gov COMMENT PERIOD ENDS: 08/14/2009 at 5:00 PM. Direct comments to the contact person. THIS FILING MAY BECOME EFFECTIVE ON: 09/01/2009 FOR MORE INFORMATION, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20090715/32745.htm No. 32747 (Amendment): R414-303-11. Prenatal and Newborn Medicaid. SUMMARY: This change adds a provision that requires states to provide one year of Medicaid coverage to infants born to a mother who is eligible for Medicaid at the time of birth, regardless of whether the infant remains in the mother's home. In addition, this change states that the Department cannot remove an 18-year old from the Medicaid case of the parent and other children when the 18-year old lives with the parent, and the Department must count parents' income to determine the 18-year old's eligibility for poverty level Medicaid. (DAR NOTE: A corresponding 120- day (emergency) rule that is effective as of 07/01/2009 is under DAR No. 32746 in this issue, July 15, 2009, of the Bulletin.) ANTICIPATED COST OR SAVINGS TO: -THE STATE BUDGET: These changes could result in some infants who are placed for adoption receiving up to five months of additional coverage. The change in coverage for 18-year olds must be made or the Department could lose up to $68,263,000 in enhanced federal matching funds under ARRA. -LOCAL GOVERNMENTS: This change does not impact local governments because they do not determine Medicaid eligibility or provide Medicaid services. -SMALL BUSINESSES AND PERSONS OTHER THAN BUSINESSES: There may be a nominal savings to some families with infants who are eligible to receive additional months of Medicaid coverage. Nevertheless, there is insufficient data to determine that savings. In addition, this change could also result in a cost for 18-year olds who may lose coverage and have to pay for medical care. However, there is insufficient data to determine that cost. COMPLIANCE COSTS FOR AFFECTED PERSONS: This change could result in a savings to a family with an eligible infant because the infant may receive additional months of Medicaid coverage. However, there is insufficient data to determine that savings. In addition, this change could also result in a cost for an 18-year old who may lose coverage and have to pay for medical care. Once again, there is insufficient data to determine that cost. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule change implements changes in federal law and will not have a fiscal impact on business. David N. Sundwall, MD, Executive Director CONTACT: -Kimi McNutt, Paralegal III, by telephone at 801-538-6381, by FAX at 801- 538-6099, or by E-mail at KMCNUTT@utah.gov COMMENT PERIOD ENDS: 08/14/2009 at 5:00 PM. Direct comments to the contact person. THIS FILING MAY BECOME EFFECTIVE ON: 08/21/2009 FOR MORE INFORMATION, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20090715/32747.htm No. 32743 (Amendment): R414-308-3. Application and Signature. SUMMARY: This amendment changes the way the state determines the date of application so that in certain circumstances, the agency will date applications as being received on Friday. When the state moved to the four-day work week, it meant that Medicaid eligibility offices would be closed on Fridays and applicants could not submit applications on Fridays. This change will require the state to date applications as received on Fridays when they are delivered or sent to the Medicaid office on Fridays, even though the offices are closed. This change must be made to protect the state from losing the enhanced federal matching funds under the ARRA of 2009. (DAR NOTE: A corresponding 120-day (emergency) rule that is effective as of 07/01/2009 is under DAR No. 32744 in this issue, July 15, 2009, of the Bulletin.) ANTICIPATED COST OR SAVINGS TO: -THE STATE BUDGET: The Department does not have an accurate way to estimate the total cost. Nevertheless, if the Department fails to make this change, it could lose up to $68,263,000 in enhanced federal matching funds under ARRA. -LOCAL GOVERNMENTS: This change does not impact local governments because they do not determine Medicaid eligibility or provide Medicaid services. -SMALL BUSINESSES AND PERSONS OTHER THAN BUSINESSES: This change could result in a savings for some Medicaid applicants if they are able to receive additional Medicaid coverage. Nevertheless, there is insufficient data to estimate what that savings will be. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs to a Medicaid client because the client does not have to pay more for medical assistance and does not lose any Medicaid coverage. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule change implements changes in federal law and will not have a fiscal impact on business. David N. Sundwall, MD, Executive Director CONTACT: -Kimi McNutt, Paralegal III, by telephone at 801-538-6381, by FAX at 801- 538-6099, or by E-mail at KMCNUTT@utah.gov COMMENT PERIOD ENDS: 08/14/2009 at 5:00 PM. Direct comments to the contact person. THIS FILING MAY BECOME EFFECTIVE ON: 08/21/2009 FOR MORE INFORMATION, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20090715/32743.htm No. 32750 (Amendment): R414-310. Medicaid Primary Care Network Demonstration Waiver. SUMMARY: This amendment changes the method used by the Department to determine the date of application, so that in certain circumstances, the agency will date applications as being received on Friday. When the state moved to the four-day work week, medical eligibility offices closed on Fridays and applications could not be submitted on that day. This change requires the Department to date applications as received on Fridays when they are delivered or sent to the medical eligibility office on that day, even though the offices are closed. This change also exempts American Indians from paying an annual enrollment fee. (DAR NOTE: A corresponding 120-day (emergency) rule that is effective as of 07/01/2009 is under DAR No. 32749 in this issue, July 15, 2009, of the Bulletin.) ANTICIPATED COST OR SAVINGS TO: -THE STATE BUDGET: This change results in only a limited cost, because in most cases, applicants who submit an application on Friday will receive only three additional days of eligibility. There is insufficient data to estimate this cost because there is no way to know how many applications will be dated on a Friday instead of a Monday. On the other hand, if the Department fails to make this change, it could lose up to $68,263,000 of federal matching funds under the ARRA. Eliminating the PCN annual enrollment fee for American Indians will result in an $1,800 annual reduction in dedicated credits. -LOCAL GOVERNMENTS: This change does not impact local governments because they do not determine PCN eligibility or provide PCN services. -SMALL BUSINESSES AND PERSONS OTHER THAN BUSINESSES: This change could result in savings to some PCN applicants if they are able to receive PCN coverage for one to three more days. Nevertheless, there is insufficient data to estimate this savings because there is no way to know how many applications will be dated on a Friday instead of a Monday. The elimination of the enrollment fee will affect approximately 120 individuals per year. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs to a PCN client because the client does not have to pay more for medical assistance and does not lose any PCN coverage. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule change implements changes in federal law and will not have a fiscal impact on business. David N. Sundwall, MD, Executive Director CONTACT: -Craig Devashrayee, Paralegal III, by telephone at 801-538-6641, by FAX at 801-538-6099, or by E-mail at cdevashrayee@utah.gov COMMENT PERIOD ENDS: 08/14/2009 at 5:00 PM. Direct comments to the contact person. THIS FILING MAY BECOME EFFECTIVE ON: 08/21/2009 FOR MORE INFORMATION, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20090715/32750.htm No. 32752 (Amendment): R414-320. Medicaid Health Insurance Flexibility and Accountability Demonstration Waiver. SUMMARY: This amendment changes the method used by the Department to determine the date of application, so that in certain circumstances, the agency will date applications as being received on Friday. When the state moved to the four-day work week, medical eligibility offices closed on Fridays and applications could not be submitted on that day. This change requires the Department to date applications as received on Fridays when they are delivered or sent to the medical eligibility office on that day, even though the offices are closed. (DAR NOTE: A corresponding 120-day (emergency) rule that is effective as of 07/01/2009 is under DAR No. 32751 in this issue, July 15, 2009, of the Bulletin.) ANTICIPATED COST OR SAVINGS TO: -THE STATE BUDGET: This change results in only a limited cost, because in most cases, applicants who submit an application on Friday will receive only three additional days of eligibility. There is insufficient data to estimate this cost because there is no way to know how many applications will be dated on a Friday instead of a Monday. On the other hand, if the Department fails to make this change, it could lose up to $68,263,000 of federal matching funds under the ARRA. -LOCAL GOVERNMENTS: This change does not impact local governments because they do not determine Utah Premium Partnership for Health (UPP) eligibility or provide UPP services. -SMALL BUSINESSES AND PERSONS OTHER THAN BUSINESSES: This change could result in a benefit to some UPP applicants if they are able to submit their UPP application before their insurance coverage start date. Nevertheless, there is insufficient data to estimate this savings because there is no way to know how many applications will be dated on a Friday instead of a Monday. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs to an UPP client because the client does not have to pay more for medical assistance and does not lose any UPP coverage. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule change implements changes in federal law and will not have a fiscal impact on business. David N. Sundwall, MD, Executive Director CONTACT: -Craig Devashrayee, Paralegal III, by telephone at 801-538-6641, by FAX at 801-538-6099, or by E-mail at cdevashrayee@utah.gov COMMENT PERIOD ENDS: 08/14/2009 at 5:00 PM. Direct comments to the contact person. THIS FILING MAY BECOME EFFECTIVE ON: 08/21/2009 FOR MORE INFORMATION, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20090715/32752.htm No. 32748 (Amendment): R414-502-8. Criteria for Intermediate Care Facility for the Mentally Retarded. SUMMARY: This amendment clarifies that individuals must have a qualifying diagnosis to be eligible for ICF/MR admission. It also clarifies ICF/MR criteria for individuals seven years of age and older. In addition, it provides a new list of criteria for conditions that are closely related to mental retardation, and includes a new requirement for an ICF/MR to provide potential residents with an informational fact sheet. ANTICIPATED COST OR SAVINGS TO: -THE STATE BUDGET: There is no impact to the state budget because this amendment only clarifies existing ICF/MR criteria for potential residents. No change is expected in who will be determined to be eligible for service, by adopting these more objective criteria. There may be a small administrative savings by using these criteria by simplifying the decision-making process. -LOCAL GOVERNMENTS: There is no budget impact because local governments do not fund or provide Medicaid services to ICF/MR residents. No change is expected in who will be determined to be eligible for service, by adopting these more objective criteria. -SMALL BUSINESSES AND PERSONS OTHER THAN BUSINESSES: There is no budget impact to other persons and small businesses because this amendment only clarifies existing ICF/MR criteria for potential residents. No change is expected in who will be determined to be eligible for service, by adopting these more objective criteria. There may be a small administrative savings by using these criteria by simplifying the decision-making process. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs because this amendment only clarifies existing ICF/MR criteria for potential residents. No change is expected in who will be determined to be eligible for service, by adopting these more objective criteria. There may be a small administrative savings by using these criteria by simplifying the decision-making process. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Using more objective criteria that reflects current practice for determining who is eligible for ICF/MR services should not change the current eligibility practice and no fiscal impact on business is expected. David N. Sundwall, MD, Executive Director CONTACT: -Craig Devashrayee, Paralegal III, by telephone at 801-538-6641, by FAX at 801-538-6099, or by E-mail at cdevashrayee@utah.gov COMMENT PERIOD ENDS: 08/14/2009 at 5:00 PM. Direct comments to the contact person. THIS FILING MAY BECOME EFFECTIVE ON: 08/21/2009 FOR MORE INFORMATION, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20090715/32748.htm HUMAN SERVICES SUBSTANCE ABUSE AND MENTAL HEALTH No. 32773 (Amendment): R523-23-4. Provider Responsibilities. SUMMARY: This rule will require the use of the last four digits of an individual's social security number as a means of tracking persons who have completed on-premise alcohol server training and certification. ANTICIPATED COST OR SAVINGS TO: -THE STATE BUDGET: There will be no costs or savings to the state budget because this rule change is technical in nature and will not change practice for division staff or require programming changes in current databases. -LOCAL GOVERNMENTS: Local governments will have no costs or savings because they do not administer or provide on-premise alcohol server training and certification. -SMALL BUSINESSES AND PERSONS OTHER THAN BUSINESSES: There will be no costs or savings to small business that provide on-premise alcohol server training because this rule change is technical in nature and will not require additional time, effort, or documentation to comply with this mandate. COMPLIANCE COSTS FOR AFFECTED PERSONS: There will be no costs or savings to any person or entity that is involved through participation or provision of on-premise alcohol server training and certification. This rule change is technical in nature and will not require additional time, effort or documentation to comply with the amended mandate. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After careful review, the Department of Human Services has determined that this rule will have no financial impact on businesses in the state of Utah. Lisa-Michele Church, Executive Director CONTACT: -Thom Dunford, Program Manager, by telephone at 801-538-4519, by FAX at 801-538-9892, or by E-mail at TDUNFORD@utah.gov COMMENT PERIOD ENDS: 08/14/2009 at 5:00 PM. Direct comments to the contact person. THIS FILING MAY BECOME EFFECTIVE ON: 08/21/2009 FOR MORE INFORMATION, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20090715/32773.htm No. 32774 (Amendment): R523-24-4. Provider Responsibilities. SUMMARY: This rule will require the use of the last four digits of an individual's social security number as a means of tracking persons who have completed off-premise alcohol retailer training and certification. ANTICIPATED COST OR SAVINGS TO: -THE STATE BUDGET: There will be no costs or savings to the state budget because this rule change is technical in nature and will not change practice for division staff or require programming changes in current databases -LOCAL GOVERNMENTS: Local governments will have no costs or savings because they do not administer or provide off-premise alcohol retailer training and certification. -SMALL BUSINESSES AND PERSONS OTHER THAN BUSINESSES: There will be no costs or savings to small business that provide off-premise alcohol retailer training because this rule change is technical in nature and will not require additional time, effort or documentation to comply with this mandate. COMPLIANCE COSTS FOR AFFECTED PERSONS: There will be no costs or savings to any person or entity that is involved through participation or provision of off-premise alcohol retailer training and certification. This rule change is technical in nature and will not require additional time, effort or documentation to comply with the amended mandate. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After careful review, the Department of Human Services has determined that this rule will have no financial impact on businesses in the state of Utah. Lisa-Michele Church, Executive Director CONTACT: -Thom Dunford, Program Manager, by telephone at 801-538-4519, by FAX at 801-538-9892, or by E-mail at TDUNFORD@utah.gov COMMENT PERIOD ENDS: 08/14/2009 at 5:00 PM. Direct comments to the contact person. THIS FILING MAY BECOME EFFECTIVE ON: 08/21/2009 FOR MORE INFORMATION, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20090715/32774.htm LABOR COMMISSION ADJUDICATION No. 32764 (Amendment): R602-2-3. Compensation for Medical Panel Services. SUMMARY: The proposed rule change increases compensation for medical panel chairmen from $125 to $137.50 per half hour and increases compensation for medical panel members from $112.50 to $125 per half hour. All panel chairmen and members are physicians or trained medical professionals. ANTICIPATED COST OR SAVINGS TO: -THE STATE BUDGET: There will be no direct cost or savings to the state budget. Expenses of medical panels are paid from the Uninsured Employers Fund and are not a part of state general fund expenditures. However, because the Uninsured Employers Fund is partly funded by assessments against workers' compensation insurance premiums, a small part of the state's workers' compensation insurance premium payments will go toward the increased payments to medical panel members authorized by this proposed rule. In terms of the state's overall workers' compensation costs, the fiscal impact of this proposal will be negligible. -LOCAL GOVERNMENTS: Because expenses of medical panels are paid from the Uninsured Employers Fund, which is partly funded by assessments against workers' compensation insurance premiums, a small part of local governments' workers' compensation insurance premium payments will go toward the increase payments to medical panel members authorized by this proposed rule. In terms of local governments' overall workers' compensation costs, the fiscal impact of this proposal will be negligible. -SMALL BUSINESSES AND PERSONS OTHER THAN BUSINESSES: Because expenses of medical panels are paid from the Uninsured Employers, Fund, which is partly funded by assessments against workers' compensation insurance premiums, a small part of small businesses' workers' compensation insurance premium payments will go toward the increased payments to medical panel members authorized by this proposed rule. In terms of small businesses' overall workers' compensation costs, the fiscal impact of this proposal will be negligible. COMPLIANCE COSTS FOR AFFECTED PERSONS: The proposed rule does not impose any additional compliance requirements and will not result in any compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: In comparison to overall workers' compensation costs, the modest increase in payments to medical experts who serve on the Commission's medical panels is so small as to have no discernible effect on businesses' workers' compensation premiums. However, the proposed rule will benefit all participants in the workers' compensation system by helping to maintain the Commission's access to the medical expertise that is necessary to resolve the difficult medical issues that are frequently involved in workers' compensation cases. Sherrie Hayashi, Commissioner CONTACT: -Richard Lajeunesse, Director and ALJ, by telephone at 801-536-7928, by FAX at 801-530-6333, or by E-mail at rlajeunesse@utah.gov COMMENT PERIOD ENDS: 08/14/2009 at 5:00 PM. Direct comments to the contact person. THIS FILING MAY BECOME EFFECTIVE ON: 08/21/2009 FOR MORE INFORMATION, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20090715/32764.htm PUBLIC SAFETY ADMINISTRATION No. 32741 (New Rule): R698-5. Hazardous Chemical Emergency Response Commission. SUMMARY: The creation of the new administrative rule can be summarized as follows: 1) in Section R698-5-1, the Commission proposes to establish the preamble to the rule and establish the authorization and intent of the rule; 2) in Section R698-5-2, the Commission proposes that definitions be created to provide meaning to certain words or phrases used in the rule; 3) in Section R698-5-3, the Commission proposes to create a ten-member State Emergency Response Commission Advisory Committee that would assist the Commission in several aspects of the needs of local LEPCs. This rule section also creates procedures for the advisory committee to meet, election of chair and vice chair, terms in office, and numbers of meetings to be held; and 4) in Section R698-5-4, the Commission proposes to provide oversight to the creation, modification or dissolving of LEPCs, coordinate overall planning and direction with the LEPCs, review the LEPCs hazardous materials response plans, and approve the amount of grant funding to be given to the LEPCs. ANTICIPATED COST OR SAVINGS TO: -THE STATE BUDGET: There could be an aggregate anticipated cost to the state budget of approximately $5,000 to place the newly created administrative rule into effect. That aggregate cost would be to provide travel and mileage for members of the Advisory Committee traveling to the meetings and the cost for staff to attend the meetings and complete the assignments generated from the Commission and the Advisory Committee. -LOCAL GOVERNMENTS: There could be an aggregate anticipated cost to local government of approximately $3,000 to allow members of local government to participate as members of the Emergency Response Commission Advisory Committee and the cost of providing travel and the cost of their time and wages to participate. -SMALL BUSINESSES AND PERSONS OTHER THAN BUSINESSES: There could be an anticipated cost to small businesses of approximately $4,000 if some members of small businesses were appointed to the advisory committee. This would be in time given to meet as a member of the advisory committee and as a member of small business. COMPLIANCE COSTS FOR AFFECTED PERSONS: The compliance costs for the enactment of this newly created administrative rule would be borne by those agencies and businesses that allow their employees to participate as members of the advisory committee. The decision to participate is voluntary and decided by the agency or business to allow their employees to be members of the advisory committee. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Any fiscal impact would be to businesses that volunteer their services to be members of the State Emergency Response Commission Advisory Committee. This would be by their decision to serve on the committee and would not be mandated in any way. D. Lance Davenport, Commissioner CONTACT: -Brent Halladay, Chief Deputy State Fire Marshal , by telephone at 801- 284-6352, by FAX at 801-284-6351, or by E-mail at bhallada@utah.gov COMMENT PERIOD ENDS: 08/14/2009 at 5:00 PM. Direct comments to the contact person. THIS FILING MAY BECOME EFFECTIVE ON: 08/21/2009 FOR MORE INFORMATION, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20090715/32741.htm WORKFORCE SERVICES EMPLOYMENT DEVELOPMENT No. 32781 (Amendment): R986-200-215. Family Employment Program Two Parent Household (FEPTP). SUMMARY: In a companion filing (Section R986-300-303), the Division is changing provisions of the FEPTP to exclude refugee two-parent households and making those household eligible for financial assistance under the RRP. The eligibility requirements and the amount of financial assistance will not change but some of the participation requirements under RRP are more flexible to meet the needs of refugees under FEPTP. (DAR NOTE: The proposed amendment to Section R986-300-303 is under DAR No. 32780 in this issue, July 15, 2009, of the Bulletin.) ANTICIPATED COST OR SAVINGS TO: -THE STATE BUDGET: This applies to federally-funded programs so there are no costs or savings to the state budget. -LOCAL GOVERNMENTS: This is a federally-funded program so there are no costs or savings to the local government. -SMALL BUSINESSES AND PERSONS OTHER THAN BUSINESSES: There will be no costs to small businesses to comply with these changes because this is a federally-funded program. There will be no costs of any persons to comply with these changes because there are no costs or fees associated with these proposed changes. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs associated with these changes for any persons because this is a federally- funded program and there are no fees or costs associated with these proposed changes. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no compliance costs associated with this change. There are no fees associated with this change. There will be no cost to anyone to comply with these changes. There will be no fiscal impact on any business. Kristen Cox, Executive Director CONTACT: -Suzan Pixton, Legal Counsel, by telephone at 801-526-9645, by FAX at 801-526-9211, or by E-mail at spixton@utah.gov COMMENT PERIOD ENDS: 08/14/2009 at 5:00 PM. Direct comments to the contact person. THIS FILING MAY BECOME EFFECTIVE ON: 08/21/2009 FOR MORE INFORMATION, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20090715/32781.htm No. 32780 (Amendment): R986-300-303. Eligibility, Income Standards, and Amount of Assistance. SUMMARY: In a companion filing (Section R986-200-215), the Division is changing provisions of the FEPTP to exclude refugee two-parent households and making those household eligible for financial assistance under the RRP. The eligibility requirements and the amount of financial assistance will not change but some of the participation requirements under RRP are more flexible to meet the needs of refugees under FEPTP. (DAR NOTE: The proposed amendment to Section R986-200-215 is under DAR No. 32781 in this issue, July 15, 2009, of the Bulletin.) ANTICIPATED COST OR SAVINGS TO: -THE STATE BUDGET: This is a federally-funded program so there are no costs or savings to the state budget. -LOCAL GOVERNMENTS: This is a federally-funded program so there are no costs or savings to the local government. -SMALL BUSINESSES AND PERSONS OTHER THAN BUSINESSES: There will be no costs to small businesses to comply with these changes because this is a federally-funded program. There will be no costs of any persons to comply with these changes because there are no costs or fees associated with these proposed changes. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs associated with these changes for any persons because this is a federally- funded program and there are no fees or costs associated with these proposed changes. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no compliance costs associated with this change. There are no fees associated with this change. There will be no cost to anyone to comply with these changes. There will be no fiscal impact on any business. Kristen Cox, Executive Director CONTACT: -Suzan Pixton, Legal Counsel, by telephone at 801-526-9645, by FAX at 801-526-9211, or by E-mail at spixton@utah.gov COMMENT PERIOD ENDS: 08/14/2009 at 5:00 PM. Direct comments to the contact person. THIS FILING MAY BECOME EFFECTIVE ON: 08/21/2009 FOR MORE INFORMATION, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20090715/32780.htm UNEMPLOYMENT INSURANCE No. 32782 (Amendment): R994-403-118e. Disqualification Periods if a Claimant Fails to Provide Information. SUMMARY: The Department requires each unemployment claimant sign and return a form directing the Department whether to direct deposit unemployment benefits or to pay benefits by electronic benefit card. The signature is important to identify the claimant. If the claimant does not return the card, the Department stops payment of benefits until the card is returned. Once the card is returned, the claimant should be able to collect past benefits. This rule changes the disqualification period so as to not punish claimants who do not return the form promptly. ANTICIPATED COST OR SAVINGS TO: -THE STATE BUDGET: This is a federally-funded program and there is no anticipated cost or savings to the state budget. -LOCAL GOVERNMENTS: This is a federally-funded program and there is no anticipated cost or savings to any local government. -SMALL BUSINESSES AND PERSONS OTHER THAN BUSINESSES: Since claimants have been allowed past benefits before moving to the electronic benefit card, there will be no increase in costs to employers. There will be no increased costs to small businesses or any person to comply with this rule. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs associated with this proposed rule change so no persons will be affected by this change. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no compliance costs associated with this change. There are no fees associated with this change. There will be no cost to anyone to comply with these changes. There will be no fiscal impact on any business. These changes will have no impact on any employers contribution tax rate. Kristen Cox, Executive Director CONTACT: -Suzan Pixton, Legal Counsel, by telephone at 801-526-9645, by FAX at 801-526-9211, or by E-mail at spixton@utah.gov COMMENT PERIOD ENDS: 08/14/2009 at 5:00 PM. Direct comments to the contact person. THIS FILING MAY BECOME EFFECTIVE ON: 08/21/2009 FOR MORE INFORMATION, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20090715/32782.htm 3. NOTICES OF 120-DAY (EMERGENCY) RULES An agency may file a 120-Day (Emergency) Rule when it finds that the regular rulemaking procedures would: (a) cause an imminent peril to the public health, safety, or welfare; (b) cause an imminent budget reduction because of budget restraints or federal requirements; or (c) place the agency in violation of federal or state law (Section 63G- 3-304(1)). A 120-Day Rule is effective at the moment the Division of Administrative Rules receives the filing, or on a later date designated by the agency. A 120-Day Rule is effective for 120 days or until it is superseded by a Proposed Rule. Because 120-Day Rules are effective immediately, the law does not provide for a public comment period. However, when an agency files a 120-Day Rule, it usually files a Proposed Rule at the same time, to make the rule permanent. Comment may be made on the Proposed Rule. If the agency filed a Proposed Rule and a 120-Day (Emergency) Rule concurrently, a note will appear in the summary of the rule providing information about the Proposed Rule on which comments may be given. Emergency or 120-Day Rules are governed by Sections 63G-3-304; and R15-4-8. ADMINISTRATIVE SERVICES FACILITIES CONSTRUCTION AND MANAGEMENT No. 32771 (Emergency Rule): R23-23. Health Reform -- Health Insurance Coverage in State Contracts -- Implementation. SUMMARY: This is a new rule and required in said H.B. 331. The rule introduces the procedure and requirements for implementation of the Health Reform -- Health Insurance Coverage in State Contracts as required by the Utah Legislature in H.B. 331 codified in Section 63A-5-205. H.B. 331, 2009 General Session, Health Reform -- Health Insurance Coverage in State Contracts, requires all contractors, subcontractors, and subconsultants at any tier, entering into any state contract, to have and maintain for the duration of the contract an offer of qualified health insurance coverage for their employees and their employees' dependents that live and/or work in the State of Utah. (DAR NOTE: A corresponding proposed new rule is under DAR No. 32772 in this issue, July 15, 2009, of the Bulletin.) EMERGENCY REASON: Regular rulemaking procedures would ;; place the agency in violation of federal or state law. EMERGENCY JUSTIFICATION: The specific reason an emergency rule process is needed is the bill requires the rule to be in effect on 07/01/2009. The regular rulemaking process would not allow for the rule to be in effect before the required date. In order to comply with the bill, an emergency rulemaking process is required. ANTICIPATED COST OR SAVINGS TO: -THE STATE BUDGET: Enactment of this rule may indirectly increase the cost of state construction projects depending on the contractor. The extent of such increases is currently unknown. -LOCAL GOVERNMENTS: No cost or savings are anticipated for local governments with this new rule. No new requirements were created with this new rule that impact local governments. (Note: while not affected by this rule, H.B. 331 does affect public transit districts.) -SMALL BUSINESSES AND PERSONS OTHER THAN BUSINESSES: Enactment of this rule may result in certain cost increases to private contractors, but may benefit individuals working for such contractors. Enactment of this rule likely will not result in direct, measurable costs and/or benefits for local governments. COMPLIANCE COSTS FOR AFFECTED PERSONS: To the extent there are cost increases to contractors (including designers), it is highly likely that such cost increases will be passed on as part of the costs of the contract that the State pays. The statute already provides the requirements that may cause cost increases. The rule does not add to these cost increases. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: As stated, the statute itself created the fiscal impacts. The rule does not add additional burdens than already provided by the statute. The rule will not impact the costs. The statute will increase the cost of the contracts as the price of the insurance passed along in the bids and subsequent contracts. Kimberly K. Hood, Executive Director CONTACT: -Priscilla Anderson, Secretary, by telephone at 801-538-9595, by FAX at 801-538-3378, or by E-mail at phanderson@utah.gov -Alan Bachman, Assistant Attorney General, by telephone at 801-538-3105, by FAX at 801-538-3313, or by E-mail at abachman@utah.gov -La Priel Dye, Paralegal, by telephone at 801-538-3240, by FAX at 801- 538-3313, or by E-mail at ldye@utah.gov FOR MORE INFORMATION, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20090715/32771.htm CAPITOL PRESERVATION BOARD (STATE) ADMINISTRATION No. 32769 (Emergency Rule): R131-13. Health Reform -- Health Insurance Coverage in State Contracts -- Implementation. SUMMARY: This is a new rule and required in said H.B. 331. The rule introduces the procedure and requirements for implementation of the Health Reform -- Health Insurance Coverage in State Contracts as required by the Utah Legislature in H.B. 331 codified in Section 63C-9-403. H.B. 331, 2009 General Session, Health Reform -- Health Insurance Coverage in State Contracts, requires all contractors, subcontractors, and subconsultants at any tier, entering into any state contract, to have and maintain for the duration of the contract an offer of qualified health insurance coverage for their employees and their employees dependents that live and/or work in the State of Utah. (DAR NOTE: A corresponding proposed new rule is under DAR No. 32778 in this issue, July 15, 2009, of the Bulletin.) EMERGENCY REASON: Regular rulemaking procedures would ;; place the agency in violation of federal or state law. EMERGENCY JUSTIFICATION: The specific reason an emergency rule process is needed: H.B. 331 codified as Section 63C-9-403 requires contractors, subcontractors, and subconsultants at any tier, entering into any state contract, to have and maintain for the duration of the contract an offer of qualified health insurance coverage for their employees and their employees dependents that live and/or work in the State of Utah, and will go into effect on 07/01/2009. The regular rulemaking process would not allow for the rule to be in effect before the required date. In order to comply with the bill, an emergency rulemaking process is required. ANTICIPATED COST OR SAVINGS TO: -THE STATE BUDGET: Enactment of this rule may indirectly increase the cost of state construction projects depending upon the contractor. The extent of such increases is currently unknown. -LOCAL GOVERNMENTS: No cost or savings are anticipated for local governments with this new rule. No new requirements were created with this new rule that impact local governments. (Note: while not affected by this rule, H.B. 331 does affect public transit districts.) -SMALL BUSINESSES AND PERSONS OTHER THAN BUSINESSES: Enactment of this rule may result in certain cost increases to private contractors, but may benefit individuals working for such contractors. Enactment of this rule likely will not result in direct, measurable costs and/or benefits for small businesses and persons other than businesses. COMPLIANCE COSTS FOR AFFECTED PERSONS: To the extent there are cost increases to contractors (including designers), it is highly likely that such cost increases will be passed on as part of the costs of the contract that the State pays. The statute already provides the requirements that may cause cost increases. The rule does not add to these cost increases. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: As stated, the statute itself created the fiscal impacts. The rule does not add additional burdens than already provided by the statute. The rule will not impact the costs. The statute will increase the cost of the contracts as the price of the insurance passed along in the bids and subsequent contracts. David H. Hart, AIA, Executive Director CONTACT: -Sarah Whitney, Executive Assistant, by telephone at 801-538-3074, by FAX at 801-538-3221, or by E-mail at swhitney@utah.gov FOR MORE INFORMATION, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20090715/32769.htm HEALTH HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 32746 (Emergency Rule): R414-303-11. Prenatal and Newborn Medicaid. SUMMARY: This change adds a provision that requires states to provide one year of Medicaid coverage to infants born to a mother who is eligible for Medicaid at the time of birth, regardless of whether the infant remains in the mother's home. In addition, this rule change states that the Division cannot remove an 18-year old from the Medicaid case of the parent and other children when the 18-year old lives with the parent, and the Department must count parents' income to determine the 18-year old's eligibility for poverty level Medicaid. (DAR NOTE: A corresponding amendment is under DAR No. 32747 in this issue, July 15, 2009, of the Bulletin.) EMERGENCY REASON: Regular rulemaking procedures would ; cause an imminent budget reduction because of budget restraints or federal requirements place the agency in violation of federal or state law. EMERGENCY JUSTIFICATION: These changes are required to comply with The Children's Health Insurance Program Reauthorization Act, and the ARRA of 2009. Failure to comply with these acts will result in a loss of enhanced federal matching funds. ANTICIPATED COST OR SAVINGS TO: -THE STATE BUDGET: These changes could result in some infants who are placed for adoption receiving up to five months of additional coverage. The change in coverage for 18-year olds must be made or the Department could lose up to $68,263,000 in enhanced federal matching funds under ARRA. -LOCAL GOVERNMENTS: This change does not impact local governments because they do not determine Medicaid eligibility or provide Medicaid services. -SMALL BUSINESSES AND PERSONS OTHER THAN BUSINESSES: There may be a nominal savings to some families with infants who are eligible to receive additional months of Medicaid coverage. Nevertheless, there is insufficient data to determine that savings. In addition, this change could also result in a cost for 18-year olds who may lose coverage and have to pay for medical care. However, there is insufficient data to determine that cost. COMPLIANCE COSTS FOR AFFECTED PERSONS: This change could result in a savings to a family with an eligible infant because the infant may receive additional months of Medicaid coverage. However, there is insufficient data to determine that savings. In addition, this change could also result in a cost for an 18-year old who may lose coverage and have to pay for medical care. Once again, there is insufficient data to determine that cost. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule change implements changes in federal law and will not have a fiscal impact on business. David N. Sundwall, MD, Executive Director CONTACT: -Kimi McNutt, Paralegal III, by telephone at 801-538-6381, by FAX at 801- 538-6099, or by E-mail at KMCNUTT@utah.gov FOR MORE INFORMATION, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20090715/32746.htm No. 32744 (Emergency Rule): R414-308-3. Application and Signature. SUMMARY: This filing changes the way the state determines the date of application so that in certain circumstances, the agency will date applications as being received on Friday. When the state moved to the four-day work week, it meant that Medicaid eligibility offices would be closed on Fridays and applicants could not submit applications on Fridays. This change will require the state to date applications as received on Fridays when they are delivered or sent to the Medicaid office on Fridays, even though the offices are closed. This change must be made to protect the state from losing the enhanced federal matching funds under the ARRA of 2009. (DAR NOTE: A corresponding amendment is under DAR No. 32743 in this issue, July 15, 2009, of the Bulletin.) EMERGENCY REASON: Regular rulemaking procedures would ; cause an imminent budget reduction because of budget restraints or federal requirements place the agency in violation of federal or state law. EMERGENCY JUSTIFICATION: The ARRA provides enhanced federal matching funds to states for Medicaid assistance if the state meets specific requirements. One of the requirements is that the state cannot have any eligibility standards, methodologies, or procedures in place that are more restrictive than what the state had in place on 07/01/2008. In August 2008, the state moved to a four-day work week, and Medicaid eligibility offices are now closed on Fridays. The four-day work week is more restrictive because applications that are sent or delivered to the state after the offices close on Thursday are not dated as received until the next day that the offices are open. The Department must change this so as not to lose the enhanced federal matching funds. ANTICIPATED COST OR SAVINGS TO: -THE STATE BUDGET: The Department does not have an accurate way to estimate the total cost. Nevertheless, if the Department fails to make this change, it could lose up to $68,263,000 in enhanced federal matching funds under the ARRA. -LOCAL GOVERNMENTS: This change does not impact local governments because they do not determine Medicaid eligibility or provide Medicaid services -SMALL BUSINESSES AND PERSONS OTHER THAN BUSINESSES: This change could result in a savings for some Medicaid applicants if they are able to receive additional Medicaid coverage. Nevertheless, there is insufficient data to estimate what that savings will be. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs to a Medicaid client because the client does not have to pay more for medical assistance and does not lose any Medicaid coverage. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule change implements changes in federal law and will not have a fiscal impact on business. David N. Sundwall, MD, Executive Director CONTACT: -Kimi McNutt, Paralegal III, by telephone at 801-538-6381, by FAX at 801- 538-6099, or by E-mail at KMCNUTT@utah.gov FOR MORE INFORMATION, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20090715/32744.htm No. 32749 (Emergency Rule): R414-310. Medicaid Primary Care Network Demonstration Waiver. SUMMARY: This amendment changes the method used by the Department to determine the date of application, so that in certain circumstances, the agency will date applications as being received on Friday. When the state moved to the four-day work week, medical eligibility offices closed on Fridays and applications could not be submitted on that day. This change requires the Department to date applications as received on Fridays when they are delivered or sent to the medical eligibility office on that day, even though the offices are closed. This change also exempts American Indians from paying an annual enrollment fee. (DAR NOTE: A corresponding amendment is under DAR No. 32750 in this issue, July 15, 2009, of the Bulletin.) EMERGENCY REASON: Regular rulemaking procedures would ; cause an imminent budget reduction because of budget restraints or federal requirements place the agency in violation of federal or state law. EMERGENCY JUSTIFICATION: ARRA provides enhanced federal matching funds to states for Medicaid assistance if states meet specific requirements. One of the requirements is that the state cannot have any eligibility standards, methodologies or procedures in place that are more restrictive than what the state had in place on 07/01/2008. In August 2008, the state moved to a four-day work week, and medical eligibility offices are now closed on Fridays. The four-day work week is more restrictive because applications that are sent or delivered to the Department after the offices close on Thursday are not dated as received until the next day that the offices are open. The Department must change this so it does not lose the enhanced federal matching funds. ANTICIPATED COST OR SAVINGS TO: -THE STATE BUDGET: This change results in only a limited cost, because in most cases, applicants who submit an application on Friday will receive only three additional days of eligibility. There is insufficient data to estimate this cost because there is no way to know how many applications will be dated on a Friday instead of a Monday. On the other hand, if the Department fails to make this change, it could lose up to $68,263,000 of federal matching funds under ARRA. Eliminating the PCN annual enrollment fee for American Indians will result in an $1,800 annual reduction in dedicated credits. -LOCAL GOVERNMENTS: This change does not impact local governments because they do not determine PCN eligibility or provide PCN services. -SMALL BUSINESSES AND PERSONS OTHER THAN BUSINESSES: This change could result in savings to some PCN applicants if they are able to receive PCN coverage for one to three more days. Nevertheless, there is insufficient data to estimate this savings because there is no way to know how many applications will be dated on a Friday instead of a Monday. The elimination of the enrollment fee will affect approximately 120 individuals per year. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs to a PCN client because the client does not have to pay more for medical assistance and does not lose any PCN coverage. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule change implements changes in federal law and will not have a fiscal impact on business. David N. Sundwall, MD, Executive Director CONTACT: -Craig Devashrayee, Paralegal III, by telephone at 801-538-6641, by FAX at 801-538-6099, or by E-mail at cdevashrayee@utah.gov FOR MORE INFORMATION, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20090715/32749.htm No. 32751 (Emergency Rule): R414-320. Medicaid Health Insurance Flexibility and Accountability Demonstration Waiver. SUMMARY: This amendment changes the method used by the Department to determine the date of application, so that in certain circumstances, the agency will date applications as being received on Friday. When the state moved to the four-day work week, medical eligibility offices closed on Fridays and applications could not be submitted on that day. This change requires the Department to date applications as received on Fridays when they are delivered or sent to the medical eligibility office on that day, even though the offices are closed. (DAR NOTE: A corresponding amendment is under DAR No. 32752 in this issue, July 15, 2009, of the Bulletin.) EMERGENCY REASON: Regular rulemaking procedures would ; cause an imminent budget reduction because of budget restraints or federal requirements place the agency in violation of federal or state law. EMERGENCY JUSTIFICATION: The ARRA provides enhanced federal matching funds to states for Medicaid assistance if states meet specific requirements. One of the requirements is that the state cannot have any eligibility standards, methodologies, or procedures in place that are more restrictive than what the state had in place on 07/01/2008. In August 2008, the state moved to a four-day work week, and medical eligibility offices are now closed on Fridays. The four-day work week is more restrictive because applications that are sent or delivered to the Department after the offices close on Thursday are not dated as received until the next day that the offices are open. The Department must change this so it does not lose the enhanced federal matching funds. ANTICIPATED COST OR SAVINGS TO: -THE STATE BUDGET: This change results in only a limited cost, because in most cases, applicants who submit an application on Friday will receive only three additional days of eligibility. There is insufficient data to estimate this cost because there is no way to know how many applications will be dated on a Friday instead of a Monday. On the other hand, if the Department fails to make this change, it could lose up to $68,263,000 of federal matching funds under the ARRA. -LOCAL GOVERNMENTS: This change does not impact local governments because they do not determine Utah Premium Partnership for Health Insurance (UPP) eligibility or provide UPP services. -SMALL BUSINESSES AND PERSONS OTHER THAN BUSINESSES: This change could result in a benefit to some UPP applicants if they are able to submit their UPP application before their insurance coverage start date. Nevertheless, there is insufficient data to estimate this savings because there is no way to know how many applications will be dated on a Friday instead of a Monday. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs to an UPP client because the client does not have to pay more for medical assistance and does not lose any UPP coverage. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule change implements changes in federal law and will not have a fiscal impact on business. David N. Sundwall, MD, Executive Director CONTACT: -Craig Devashrayee, Paralegal III, by telephone at 801-538-6641, by FAX at 801-538-6099, or by E-mail at cdevashrayee@utah.gov FOR MORE INFORMATION, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20090715/32751.htm TRANSPORTATION OPERATIONS, CONSTRUCTION No. 32768 (Emergency Rule): R916-5. Health Reform -- Health Insurance Coverage in State Contracts -- Implementation. SUMMARY: This is a new rule and required in said H.B. 331. The rule introduces the procedure and requirements for implementation of the Health Reform -- Health Insurance Coverage in State Contracts as required by the Utah Legislature in H.B. 331 codified in Section 72-6-107.5. H.B. 331, 2009 General Session, Health Reform -- Health Insurance Coverage in State Contracts, requires all contractors, subcontractors, and subconsultants at any tier, entering into any state contract, to have and maintain for the duration of the contract an offer of qualified health insurance coverage for their employees and their employee's dependents that live and/or work in the State of Utah. EMERGENCY REASON: Regular rulemaking procedures would ;; place the agency in violation of federal or state law. EMERGENCY JUSTIFICATION: The specific reason an emergency rule process is needed: H.B. 331 codified as Section 72-6-107.5 requires contractors, subcontractors, and subconsultants at any tier, entering into any state contract, to have and maintain for the duration of the contract an offer of qualified health insurance coverage for their employees and their employees dependents that live and/or work in the State of Utah, and will go into effect on 07/01/2009. The regular rulemaking process would not allow for the rule to be in effect before the required date. In order to comply with the statute, an emergency rulemaking process is required. ANTICIPATED COST OR SAVINGS TO: -THE STATE BUDGET: Enactment of this rule may indirectly increase the cost of state construction projects depending upon the contractor. The extent of such increases is currently unknown. -LOCAL GOVERNMENTS: No cost or savings are anticipated for local governments with this new rule. No new requirements were created with this new rule that impact local governments. (Note: while not affected by this rule, H.B. 331 does affect public transit districts.) -SMALL BUSINESSES AND PERSONS OTHER THAN BUSINESSES: Enactment of this rule may result in certain cost increases to private contractors, but may benefit individuals working for such contractors. Enactment of this rule likely will not result in direct, measurable costs and/or benefits for local governments. COMPLIANCE COSTS FOR AFFECTED PERSONS: To the extent there are cost increases to contractors (including designers), it is highly likely that such cost increases will be passed on as part of the costs of the contract that the State pays. The statute already provides the requirements that may cause cost increases. The rule does not add to these cost increases. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: As stated, the statute itself created the fiscal impacts. The rule does not add additional burdens than already provided by the statute. The rule will not impact the costs. The statute will increase the cost of the contracts as the price of the insurance passed along in the bids and subsequent contracts. John R. Njord, Executive Director CONTACT: -Maureen Short, Administrative Assistant, by telephone at 801-965-4026, by FAX at 801-965-4338, or by E-mail at maureenshort@utah.gov FOR MORE INFORMATION, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20090715/32768.htm 4. FIVE-YEAR NOTICES OF REVIEW AND STATEMENTS OF CONTINUATION Within five years of an administrative rule's original enactment or last five-year review, the agency is required to review the rule. This review is intended to ensure that necessary rules are kept current and that obsolete rules are removed from the Utah Administrative Code, which is the complete compilation of effective rules. Upon reviewing a rule, an agency may: repeal the rule by filing a Proposed Rule; continue the rule as it is by filing a Notice of Review and Statement of Continuation (Notice); or amend the rule by filing a Proposed Rule and by filing a Notice. By filing a Notice, the agency indicates that the rule is still necessary. The rule text that is being continued may be found in the most recent edition of the Utah Administrative Code. The rule text may also be inspected at the agency or the Division of Administrative Rules. Notices are effective upon filing. Notices are governed by Section 63G-3-305. AGRICULTURE AND FOOD REGULATORY SERVICES No. 32742 (5-year Review): R70-310. Grade A Pasteurized Milk. REASONED JUSTIFICATION FOR CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: FDA law requires that the PMO, or regulations equal to it, be adopted in order for milk to be shipped interstate. Without these provisions, Utah's milk industry would be severely impacted. Therefore, this rule should be continued. CONTACT: -Kathleen Mathews, Secretary to Deputy Commissioner, by telephone at 801- 538-7103, by FAX at 801-538-7126, or by E-mail at kmathews@utah.gov -Richard Clark, Director, by telephone at 801-538-7150, by FAX at 801- 538-7126, or by E-mail at RICHARDWCLARK@utah.gov THIS FILING MAY BECOME EFFECTIVE ON: 06/24/2009 FOR MORE INFORMATION, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20090715/32742.htm ENVIRONMENTAL QUALITY WATER QUALITY No. 32779 (5-year Review): R317-401. Graywater Systems. REASONED JUSTIFICATION FOR CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The rule was developed in response to a number of inquires from the public and local health departments regarding the use, under certain conditions, of graywater originating from laundries, showers, tubs, and lavatories for subsurface irrigation. The rule sets out the requirements for use of graywater and is required for adequate protection of the state's water resources. Therefore, this rule should be continued. CONTACT: -Dave Wham, Scientist, by telephone at 801-538-6052, by FAX at 801-538- 6016, or by E-mail at dwham@utah.gov THIS FILING MAY BECOME EFFECTIVE ON: 07/01/2009 FOR MORE INFORMATION, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20090715/32779.htm HEALTH ADMINISTRATION No. 32738 (5-year Review): R380-25. Submission of Data Through an Electronic Data Interchange. REASONED JUSTIFICATION FOR CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule is necessary for consistent, cost-effective reporting of information critical to public health and should be continued. The Office of Health Care Statistics will use an electronic data interchange to collect data for the all payer database. CONTACT: -Keely Cofrin Allen, Director, by telephone at 801-538-6551, by FAX at 801-538-9916, or by E-mail at KCOFRINALLEN@utah.gov -Mike Martin, Research Analyst III, by telephone at 801-538-9205, by FAX at 801-538-9916, or by E-mail at mikemartin@utah.gov FOR MORE INFORMATION, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20090715/32738.htm HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 32755 (5-year Review): R414-401. Nursing Care Facility Assessment. REASONED JUSTIFICATION FOR CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule should be continued because it implements the assessment imposed on certain nursing care facilities. CONTACT: -Kimi McNutt, Paralegal III, by telephone at 801-538-6381, by FAX at 801- 538-6099, or by E-mail at KMCNUTT@utah.gov FOR MORE INFORMATION, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20090715/32755.htm INSURANCE ADMINISTRATION No. 32756 (5-year Review): R590-192. Unfair Accident and Health Income Replacement Claims Settlement Practices Rule. REASONED JUSTIFICATION FOR CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule is a major consumer protection regulation. It sets parameters and time lines for payments of health insurance claims. Therefore, this rule should be continued. CONTACT: -Jilene Whitby, Information Specialist, by telephone at 801-538-3803, by FAX at 801-538-3829, or by E-mail at jwhitby@utah.gov THIS FILING MAY BECOME EFFECTIVE ON: 06/25/2009 FOR MORE INFORMATION, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20090715/32756.htm 5. NOTICES OF EXTENDED RULES, OR EXPIRED RULES Rulewriting agencies are required by law to review each of their administrative rules within five years of the date of the rule's original enactment or the date of last review (Section 63G-3-305). If the agency finds that it will not meet the deadline for review of the rule (the five- year anniversary date), it may file an extension with the Division of Administrative Rules. The extension permits the agency to file the review up to 120 days beyond the anniversary date. Agencies have filed extensions for the rules listed below that are annotated "(5YR EXTENSION)." The "Extended Due Date" is 120 days after the anniversary date. The five-year review extension is governed by Subsections 63G-3-305(6) and (7). If the agency fails to file either the review or the extension by the five-year anniversary date of the rule, the rule expires. Upon expiration of the rule, the Division is required to remove the rule from the Utah Administrative Code. The agency may no longer enforce the rule, and it must follow regular rulemaking procedures to replace the rule if necessary. The rules listed below that are annotated "(EXPIRED)" were not reviewed in accordance with Section 63G-3-305. These rules have expired and have been removed from the Utah Administrative Code. The expiration of administrative rules for failure to comply with the five-year review requirement is governed by Subsection 63G-3-305(8). ADMINISTRATIVE SERVICES RECORDS COMMITTEE No. 32758 (5YR EXTENSION): R35-1. State Records Committee Appeal Hearing Procedures. SUMMARY: ENACTED OR LAST REVIEWED: 07/02/2004 (No. 27277, 5YR, filed 07/02/2004 at 2:07 p.m., published 08/01/2004). EXTENDED DUE DATE: 10/30/2009 CONTACT: -Susan Mumford, Executive Secretary, by telephone at 801-531-3861, by FAX at 801-531-3867, or by E-mail at smumford@utah.gov No. 32759 (5YR EXTENSION): R35-2. Declining Appeal Hearings. SUMMARY: ENACTED OR LAST REVIEWED: 07/02/2004 (No. 27278, 5YR, filed 07/02/2004 at 2:19 p.m., published 08/01/2004). EXTENDED DUE DATE: 10/30/2009 CONTACT: -Susan Mumford, Executive Secretary, by telephone at 801-531-3861, by FAX at 801-531-3867, or by E-mail at smumford@utah.gov No. 32760 (5YR EXTENSION): R35-3. Prehearing Conferences. SUMMARY: ENACTED OR LAST REVIEWED: 07/02/2004 (No. 27279, 5YR, filed 07/02/2004 at 2:23 p.m., published 08/01/2004). EXTENDED DUE DATE: 10/30/2009 CONTACT: -Susan Mumford, Executive Secretary, by telephone at 801-531-3861, by FAX at 801-531-3867, or by E-mail at smumford@utah.gov No. 32761 (5YR EXTENSION): R35-4. Compliance with State Records Committee Decisions and Orders. SUMMARY: ENACTED OR LAST REVIEWED: 07/02/2004 (No. 27280, 5YR, filed 07/02/2004 at 2:26 p.m., published 08/01/2004). EXTENDED DUE DATE: 10/30/2009 CONTACT: -Susan Mumford, Executive Secretary, by telephone at 801-531-3861, by FAX at 801-531-3867, or by E-mail at smumford@utah.gov No. 32762 (5YR EXTENSION): R35-5. Subpoenas Issued by the Records Committee. SUMMARY: ENACTED OR LAST REVIEWED: 07/02/2004 (No. 27281, 5YR, filed 07/02/2004 at 2:29 p.m., published 08/01/2004). EXTENDED DUE DATE: 10/30/2009 CONTACT: -Susan Mumford, Executive Secretary, by telephone at 801-531-3861, by FAX at 801-531-3867, or by E-mail at smumford@utah.gov No. 32763 (5YR EXTENSION): R35-6. Expedited Hearing. SUMMARY: ENACTED OR LAST REVIEWED: 07/02/2004 (No. 27282, 5YR, filed 07/02/2004 at 2:32 p.m., published 08/01/2004). EXTENDED DUE DATE: 10/30/2009 CONTACT: -Susan Mumford, Executive Secretary, by telephone at 801-531-3861, by FAX at 801-531-3867, or by E-mail at smumford@utah.gov 6. NOTICES OF RULE EFFECTIVE DATES After a Proposed Rule or a Change in Proposed Rule has been published, and after any comment period has ended, the agency promulgating the rule may notify the Division of Administrative Rules of the effective date of the rule. A Notice of Effective Date may provide for an effective date that after the public comment period designated by the agency, no fewer than 31 days nor more than 120 days from the publication date. Failure to file a Notice of Effective Date within 120 days from its publication results in the rule lapsing and the agency must start the publication results in the rule lapsing and the agency must start the publication process over. Notices of Effective Date are governed by Subsection 63G-3-301(9), and Subsection R15-4-5. ADMINISTRATIVE SERVICES FINANCE No. 32632 (Amendment): R25-5. Payment of Per Diem to Boards. PUBLISHED: 05/15/2009 EFFECTIVE: 06/23/2009 No. 32635 (Amendment): R25-7. Travel-Related Reimbursements for State Employees. PUBLISHED: 05/15/2009 EFFECTIVE: 06/23/2009 AGRICULTURE AND FOOD REGULATORY SERVICES No. 32570 (Amendment): R70-940. Standards and Testing of Motor Fuel. PUBLISHED: 05/15/2009 EFFECTIVE: 06/22/2009 ALCOHOLIC BEVERAGE CONTROL ADMINISTRATION No. 32542 (Amendment): R81-1-2. Definitions. PUBLISHED: 05/15/2009 EFFECTIVE: 06/24/2009 No. 32544 (Amendment): R81-1-3. General Policies. PUBLISHED: 05/15/2009 EFFECTIVE: 06/24/2009 No. 32549 (Amendment): R81-1-9. Liquor Dispensing Systems. PUBLISHED: 05/15/2009 EFFECTIVE: 06/24/2009 No. 32552 (Amendment): R81-1-24. Responsible Alcohol Service Plan. PUBLISHED: 05/15/2009 EFFECTIVE: 06/24/2009 No. 32553 (Amendment): R81-1-25. Sexually-Oriented Entertainers and Stage Approvals. PUBLISHED: 05/15/2009 EFFECTIVE: 06/24/2009 No. 32554 (Amendment): R81-3-13. Operational Restrictions. PUBLISHED: 05/15/2009 EFFECTIVE: 06/24/2009 No. 32555 (Amendment): R81-4A-2. Application. PUBLISHED: 05/15/2009 EFFECTIVE: 06/24/2009 No. 32557 (Amendment): R81-4A-10. Table Service. PUBLISHED: 05/15/2009 EFFECTIVE: 06/24/2009 No. 32559 (Amendment): R81-4A-11. Consumption at Patron's Table. PUBLISHED: 05/15/2009 EFFECTIVE: 06/24/2009 No. 32561 (Amendment): R81-4A-15. Grandfathered Bar Structures. PUBLISHED: 05/15/2009 EFFECTIVE: 06/24/2009 No. 32563 (Amendment): R81-4C-2. Application. PUBLISHED: 05/15/2009 EFFECTIVE: 06/24/2009 No. 32567 (Amendment): R81-4C-9. Table Service. PUBLISHED: 05/15/2009 EFFECTIVE: 06/24/2009 No. 32569 (Amendment): R81-4C-10. Consumption at Patron's Table. PUBLISHED: 05/15/2009 EFFECTIVE: 06/24/2009 No. 32572 (Amendment): R81-4C-13. Grandfathered Bar Structures. PUBLISHED: 05/15/2009 EFFECTIVE: 06/24/2009 No. 32575 (Amendment): R81-4D-1. Licensing. PUBLISHED: 05/15/2009 EFFECTIVE: 06/24/2009 No. 32576 (Amendment): R81-4D-10. State Label. PUBLISHED: 05/15/2009 EFFECTIVE: 06/24/2009 No. 32578 (Amendment): R81-5-1. Licensing. PUBLISHED: 05/15/2009 EFFECTIVE: 06/24/2009 No. 32580 (Amendment): R81-5-2. Application. PUBLISHED: 05/15/2009 EFFECTIVE: 06/24/2009 No. 32581 (Amendment): R81-5-5. Advertising. PUBLISHED: 05/15/2009 EFFECTIVE: 06/24/2009 No. 32582 (Amendment): R81-5-6. Club Licensee Liquor Order and Return Procedures. PUBLISHED: 05/15/2009 EFFECTIVE: 06/24/2009 No. 32628 (Amendment): R81-5-7. Club License Operating Hours.. PUBLISHED: 05/15/2009 EFFECTIVE: 06/24/2009 No. 32583 (Amendment): R81-5-9. Liquor Storage. PUBLISHED: 05/15/2009 EFFECTIVE: 06/24/2009 No. 32584 (Amendment): R81-5-10. Alcohol Product Flavoring. PUBLISHED: 05/15/2009 EFFECTIVE: 06/24/2009 No. 32585 (Amendment): R81-5-11. Price Lists. PUBLISHED: 05/15/2009 EFFECTIVE: 06/24/2009 No. 32588 (Amendment): R81-5-13. Brownbagging. PUBLISHED: 05/15/2009 EFFECTIVE: 06/24/2009 No. 32589 (Amendment): R81-5-14. Membership Fees and Monthly Dues. PUBLISHED: 05/15/2009 EFFECTIVE: 06/24/2009 No. 32591 (Amendment): R81-5-15. Minors in Lounge or Bar Areas. PUBLISHED: 05/15/2009 EFFECTIVE: 06/24/2009 No. 32599 (Amendment): R81-5-16. Sexually Oriented Adult Entertainment or Businesses. PUBLISHED: 05/15/2009 EFFECTIVE: 06/24/2009 No. 32600 (Amendment): R81-5-17. Visitor Cards. PUBLISHED: 05/15/2009 EFFECTIVE: 06/24/2009 No. 32604 (Amendment): R81-5-18. Age Verification - Dining and Social Clubs.. PUBLISHED: 05/15/2009 EFFECTIVE: 06/24/2009 COMMERCE OCCUPATIONAL AND PROFESSIONAL LICENSING No. 32551 (New Rule): R156-81. Retired Volunteer Health Care Practitioner Act Rule. PUBLISHED: 05/15/2009 EFFECTIVE: 06/22/2009 REAL ESTATE No. 32523 (Amendment): R162-2. Exam and License Application Requirements. PUBLISHED: 05/01/2009 EFFECTIVE: 06/22/2009 No. 32586 (Amendment): R162-7-1. Filing of Complaint. PUBLISHED: 05/15/2009 EFFECTIVE: 06/22/2009 No. 32517 (Amendment): R162-202. Initial Application. PUBLISHED: 05/01/2009 EFFECTIVE: 06/22/2009 CRIME VICTIM REPARATIONS ADMINISTRATION No. 32377 (Amendment): R270-1-21. Three Year Limitation. PUBLISHED: 03/01/2009 EFFECTIVE: 06/24/2009 EDUCATION ADMINISTRATION No. 32643 (Amendment): R277-503-4. Licensing Routes. PUBLISHED: 05/15/2009 EFFECTIVE: 06/23/2009 No. 32644 (Amendment): R277-600. Student Transportation Standards and Procedures. PUBLISHED: 05/15/2009 EFFECTIVE: 06/23/2009 No. 32645 (Amendment): R277-602. Special Needs Scholarships - Funding and Procedures. PUBLISHED: 05/15/2009 EFFECTIVE: 06/23/2009 No. 32646 (Amendment): R277-717-1. Definitions. PUBLISHED: 05/15/2009 EFFECTIVE: 06/23/2009 No. 32647 (Amendment): R277-733. Adult Education Programs. PUBLISHED: 05/15/2009 EFFECTIVE: 06/23/2009 HEALTH CHILDREN'S HEALTH INSURANCE PROGRAM No. 32636 (Amendment): R382-10. Eligibility. PUBLISHED: 05/15/2009 EFFECTIVE: 07/01/2009 HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 32637 (Amendment): R414-1-5. Incorporations by Reference. PUBLISHED: 05/15/2009 EFFECTIVE: 07/01/2009 No. 32623 (Amendment): R414-14-5. Service Coverage. PUBLISHED: 05/15/2009 EFFECTIVE: 07/01/2009 No. 32619 (Amendment): R414-21-2. Eligibility Requirements. PUBLISHED: 05/15/2009 EFFECTIVE: 07/01/2009 No. 32617 (Amendment): R414-49. Dental Service. PUBLISHED: 05/15/2009 EFFECTIVE: 07/01/2009 No. 32622 (Amendment): R414-50-3. Client Eligibility Requirements. PUBLISHED: 05/15/2009 EFFECTIVE: 07/01/2009 No. 32625 (Amendment): R414-51. Dental, Orthodontia. PUBLISHED: 05/15/2009 EFFECTIVE: 07/01/2009 No. 32638 (Amendment): R414-54-3. Services. PUBLISHED: 05/15/2009 EFFECTIVE: 07/01/2009 No. 32639 (Amendment): R414-59-4. Client Eligibility Requirements. PUBLISHED: 05/15/2009 EFFECTIVE: 07/01/2009 No. 32621 (Amendment): R414-200. Non-Traditional Medicaid Health Plan Services. PUBLISHED: 05/15/2009 EFFECTIVE: 07/01/2009 No. 32626 (Amendment): R414-310. Medicaid Primary Care Network Demonstration Waiver. PUBLISHED: 05/15/2009 EFFECTIVE: 07/01/2009 No. 32629 (Amendment): R414-320. Medicaid Health Insurance Flexibility and Accountability Demonstration Waiver. PUBLISHED: 05/15/2009 EFFECTIVE: 07/01/2009 No. 32631 (Amendment): R414-401-3. Assessment. PUBLISHED: 05/15/2009 EFFECTIVE: 07/01/2009 No. 32633 (Amendment): R414-504. Nursing Facility Payments. PUBLISHED: 05/15/2009 EFFECTIVE: 07/01/2009 HUMAN RESOURCE MANAGEMENT ADMINISTRATION No. 32634 (Amendment): R477-1. Definitions. PUBLISHED: 05/15/2009 EFFECTIVE: 07/01/2009 No. 32605 (Amendment): R477-2. Administration. PUBLISHED: 05/15/2009 EFFECTIVE: 07/01/2009 No. 32598 (Amendment): R477-3. Classification. PUBLISHED: 05/15/2009 EFFECTIVE: 07/01/2009 No. 32630 (Amendment): R477-4. Filling Positions. PUBLISHED: 05/15/2009 EFFECTIVE: 07/01/2009 No. 32593 (Amendment): R477-5. Employee Status and Probation. PUBLISHED: 05/15/2009 EFFECTIVE: 07/01/2009 No. 32603 (Amendment): R477-6. Compensation. PUBLISHED: 05/15/2009 EFFECTIVE: 07/01/2009 No. 32627 (Amendment): R477-7. Leave. PUBLISHED: 05/15/2009 EFFECTIVE: 07/01/2009 No. 32592 (Amendment): R477-8. Working Conditions. PUBLISHED: 05/15/2009 EFFECTIVE: 07/01/2009 No. 32594 (Amendment): R477-9. Employee Conduct. PUBLISHED: 05/15/2009 EFFECTIVE: 07/01/2009 No. 32597 (Amendment): R477-10. Employee Development. PUBLISHED: 05/15/2009 EFFECTIVE: 07/01/2009 No. 32596 (Amendment): R477-11. Discipline. PUBLISHED: 05/15/2009 EFFECTIVE: 07/01/2009 No. 32609 (Amendment): R477-12. Separations. PUBLISHED: 05/15/2009 EFFECTIVE: 07/01/2009 No. 32641 (Amendment): R477-14. Substance Abuse and Drug-Free Workplace. PUBLISHED: 05/15/2009 EFFECTIVE: 07/01/2009 No. 32590 (Amendment): R477-15. Workforce Harassment Policy and Procedure. PUBLISHED: 05/15/2009 EFFECTIVE: 07/01/2009 HUMAN SERVICES RECOVERY SERVICES No. 32565 (Amendment): R527-300. Income Withholding. PUBLISHED: 05/15/2009 EFFECTIVE: 06/30/2009 SERVICES FOR PEOPLE WITH DISABILITIES No. 32521 (Amendment): R539-5. Self-Administered Services. PUBLISHED: 05/01/2009 EFFECTIVE: 06/29/2009 INSURANCE ADMINISTRATION No. 32579 (Amendment): R590-222. Viatical Settlements. PUBLISHED: 05/15/2009 EFFECTIVE: 06/25/2009 No. 32541 (New Rule): R590-244. Individual and Agency Licensing Requirements. PUBLISHED: 05/15/2009 EFFECTIVE: 07/01/2009 No. 32640 (Amendment): R590-247. Universal Individual Health Insurance Application Rule. PUBLISHED: 05/15/2009 EFFECTIVE: 07/01/2009 No. 32528 (New Rule): R590-253. Utah Mini-COBRA Notification Rule. PUBLISHED: 05/01/2009 EFFECTIVE: 07/01/2009 TITLE AND ESCROW COMMISSION No. 32545 (Repeal): R592-6. Unfair Inducements and Marketing Practices in Obtaining Title Insurance Business. PUBLISHED: 05/15/2009 EFFECTIVE: 06/25/2009 No. 32548 (New Rule): R592-6. Unfair Inducements and Marketing Practices in Obtaining Title Insurance Business. PUBLISHED: 05/15/2009 EFFECTIVE: 06/25/2009 No. 32543 (Repeal): R592-7. Title Insurance Continuing Education Program. PUBLISHED: 05/15/2009 EFFECTIVE: 06/25/2009 No. 32525 (New Rule): R592-7. Title Insurance Continuing Education Program. PUBLISHED: 05/01/2009 EFFECTIVE: 06/25/2009 No. 32546 (Repeal): R592-8. Application Process for an Attorney Exemption for Title Agency Licensing. PUBLISHED: 05/15/2009 EFFECTIVE: 06/25/2009 No. 32526 (New Rule): R592-8. Application Process for an Attorney Exemption for Title Agency Licensing. PUBLISHED: 05/01/2009 EFFECTIVE: 06/25/2009 No. 32547 (Repeal): R592-9. Title Insurance Recovery, Education, and Research Fund Assessment Rule. PUBLISHED: 05/15/2009 EFFECTIVE: 06/25/2009 No. 32527 (New Rule): R592-9. Title Insurance Recovery, Education, and Research Fund Assessment Rule. PUBLISHED: 05/01/2009 EFFECTIVE: 06/25/2009 WORKFORCE SERVICES UNEMPLOYMENT INSURANCE No. 32535 (Amendment): R994-202. Employing Units. PUBLISHED: 05/01/2009 EFFECTIVE: 06/18/2009 7. RULES INDEX The Rules Index is a cumulative index that reflects all effective to Utah's administrative rules. The Rules Index is not included Digest. However, a copy of the current Rules Index is available http://www.rules.utah.gov/research.htm. <>